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[REPUBLIC ACT NO.

7885]
AN ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THE PHILIPPINES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBERED SEVEN
THOUSAND ONE HUNDRED AND SEVENTY (R. A. NO. 7170), OTHERWISE
KNOWN AS THE ORGAN DONATION ACT OF 1991
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1.
follows:

Section 9 of Republic Act No. 7170 is hereby amended to read as

SEC. 9. Manner of Executing a Donation. Any donation by a person authorizing


under subsection (a) of Section 4 hereof shall be sufficient if it complies with the
formalities of a donation of a movable property.
In the absence of any persons specified under Section 4 hereof and in the absence
of any document of organ donation, the physician in charge of the patient, the head
of the hospital or a designated officer of the hospital who has custody of the body of
the deceased classified as accident, trauma, or other medico-legal cases, may
authorize in a public document the removal from such body for the purpose of
transplantation of the organ to the body of a living person: Provided, That the
physician, head of the hospital or officer designated by the hospital for this purpose
has exerted reasonable efforts, within forty-eight (48) hours, to locate the nearest
relative listed in Section 4 hereof or guardian of the decedent at the time of death:
Provided, however, That the said physician, head or designated officer of the
hospital, or the medico-legal officer of any government agency which has custody of
such body may authorize the removal of the cornea or corneas of the decedent
within twelve (12) hours after death and upon the request of qualified legatees or
donees for the sole purpose of transplantation: Provided, That such removal of the
cornea or corneas will not interfere with any subsequent investigation or alter the
post-mortem facial appearance of the decedent by such means as placing eye caps
after the said cornea or corneas have been removed.
In all donations, the death of a person from whose body and organ will be removed
after his death for the purpose of transplantation to a living person, shall be
diagnosed separately and certified by two (2) qualified physicians neither of whom
shall be:
(a) A member of the team of medical practitioners who will effect the removal of
the organ from the body, nor
(b) The physician attending to recipient of the organ to be removed; nor
(c) The head of hospital or the designated officer authorizing the removal of the
organ.
SEC. 2. Section 10 of Republic Act No. 7170 is also amended to read as follows:

SEC. 10. Person(s) Authorized to Remove and Transplant Organs and Tissues.
Only authorized medical practitioners in a hospital shall remove and/or transplant
any organ which is authorized to be removed and/or transplanted pursuant to
Section 5 hereof: Provided, however, that the removal of corneal tissues shall be
performed only by ophthalmic surgeons and ophthalmic technicians trained in the
methodology of such procedure and duly certified by the accredited National
Association of Ophthalmologists.
SEC. 3. The implementing rules and regulations of Republic Act No. 7170 shall be
amended accordingly by the Secretary of Health, in consultation with professional
health groups and non-government health organizations, to make it consistent with
the provisions of this Act.
SEC. 4. The provisions of this Act are hereby declared separable, and in the event
any such provisions is declared unconstitutional, the other provisions not affected
thereby shall remain in force and effect.
SEC. 5. All other laws, decrees, executive orders, administrative orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.
SEC. 6. This Act shall take effect upon its approval.

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